The objective of setting out the relationship in a contract is to get the fairest working arrangement possible for both you and your employer. A contract can help to avoid future problems by protecting your rights and providing a clear statement of your obligations. A contract is a written, detailed job description that also describes the conditions of employment, including the maximum number of hours of work per week, and the wage rate for those hours of work. Nothing in the contract should violate provincial or territorial labour laws, which establish minimum employment standards such as the minimum wage and overtime payment for additional hours worked.

To ensure that the contract is effective, think carefully about what it is for and how you will use it. How closely you and your employer follow it in setting up your own contract is up to the both of you. Remember: your contract will indicate what job duties your employer expects of you and will help ensure that your employer fulfills his or her legal responsibilities to you.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

How are Contracts Enforced?

The Government of Canada is not a party to the contract and has no authority to intervene in the employer-employee relationship or to enforce the conditions of employment. It is your responsibility to know the laws that apply to you and to look after your own interests. The contract will help to protect your rights as an employee by providing a written agreement of the conditions of your employment. You can use the contract as a basis for discussion with your employer if a misunderstanding should arise. The contract can also serve as a reference if a complaint to authorities responsible for labour or employment standards becomes necessary.

You should contact the ministry responsible for labour or employment standards in the province or territory where you live and work if you have any questions, difficulties or complaints regarding your employment as a live-in caregiver.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

You are Protected

As a live-in caregiver, you have legal rights regarding fair working conditions and fair treatment under employment standards legislation in most provinces and territories. Nothing in your contract must violate these rights. Employment standards legislation may cover rights in areas such as:
• days off each week;
• vacation time with pay;
• paid public holidays;
• overtime pay;
• minimum wage;
• other protection, including equal pay, equal benefits and notice of employment termination;
• maximum charges for room and board.

Public holidays are days during the year when most workers, including live-in caregivers, can have the day off with pay or receive a premium if they work. In Canada, some common holidays are New Year's Day (January 1), Good Friday (Easter), Victoria Day (late May), Canada Day (July 1), Labour Day (early September), Thanksgiving (mid-October) and Christmas Day (December 25). Some provinces or territories have one or two additional public holidays.

Working conditions, such as minimum hourly wages, vary widely in Canada according to provincial or territorial law.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Know Your Rights

You should not accept ill treatment from your employer. Know your rights and be familiar with the conditions of your contract. Under most provincial and territorial labour laws, employers cannot refuse to pay you for overtime work or force you to work excessive hours, nor can they have you deported if you refuse or complain. You should find out the maximum amount that your employer can legally deduct for room and board from your salary, and how meal charges will be calculated. Charges for meals not eaten at your employer's home cannot be deducted from your salary.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Hospital & Medical Care Insurance

Under Canada's health insurance system, Canadian residents do not have to pay the cost of certain hospital and medical expenses. However, depending on the province or territory in which you work, you or your employer may be required to pay for you to be covered by the insurance plan. Once in Canada, contact the medical care or hospital insurance office in the province or territory where you are working for more information about the availability and cost of health insurance.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Workers' Compensation

Many provinces and territories provide for workers' compensation benefits. The Workers' Compensation Plan is a provincial or territorial government insurance plan that will pay your wages if you get sick or are injured on the job. In some provinces or territories, employers must register their employees in the plan; in other provinces or territories, participation is up to the employer. Since the plan is an insurance plan for employers, only the employer pays for it. Your employer cannot deduct money from your wages for this purpose. If workers' compensation is optional in the province or territory in which you will be working, it should be spelled out in your employment contract whether your employer will be participating in the plan.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Other Benefits: Employment Insurance, Canada Pension Plan and Old Age Security

As a live-in caregiver in Canada, you are covered by Employment Insurance (EI). The purpose of EI is to provide you with benefits if you lose your job through no fault of your own. You may be eligible to receive benefits while you are looking for another job. However, Live-in Caregiver Program participants are expected to find a new employer as soon as possible. While you are working, you pay into the EI account through payroll deductions. The amount deducted depends on how much you earn. Your employer also pays into the EI account on your behalf. Your employer must remit both your deduction and his or her contribution to the government. If you lose your job, the EI account will pay you benefits if you qualify.

The Canada Pension Plan (CPP) is another plan to which both you and your employer must contribute. The CPP provides for the payment of a retirement pension as early as age 60 if you are no longer working or are working very few hours. The plan also pays disability pensions as well as benefits to the spouse or common-law partner and dependent children of contributors who die. Before you can receive any benefits, you must meet certain conditions of eligibility, including residence requirements. For example, if you work in Canada for only one or two years and then return to your country of previous residence, you will not qualify for a pension.

The Old Age Security (OAS) program provides for the payment of a monthly benefit to residents of Canada who are at least 65 years old. You do not have to contribute directly to this program.

Your employer must include a statement of earnings with your pay cheques. This statement will show your gross and net earnings, specific deductions, the purpose of these deductions and the total hours worked (including overtime) during that pay period.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Other Deductions From Your Pay

In addition to an agreed-upon amount for room and board, your employer can also deduct income tax from your pay. Your employer must send a record of your wages and deductions to the Canada Customs and Revenue Agency (CCRA) every year. Your employer must also give you a copy of this record by the end of February each year, in the form of a T4 slip. This form will allow you to file your income tax report by April 30 of each year. Depending on the amount of your earnings in the taxation year (which runs from January to December), you may be refunded all or part of what you paid for that year in income tax.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Other Working Conditions

You have the right to your privacy in your employer's home. For example, you should ask for a lock on the door of your room as well as a key to the employer's house. Off-duty time is yours to spend as you wish. Your employer cannot insist that you spend your own time in his or her house. You also have the right to refuse to do work that is not covered by your contract with your employer.

Your legal documents, such as your passport and work permit, are your private property. Do not give them to your employer.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

What is Abuse?

Abuse can take many forms. It can include criminal acts such as assault, sexual assault or negligence; it can be human rights violations such as harassment, verbal taunting or behaviour towards you that is degrading or humiliating. It can be a threat or a false accusation by your employer meant to frighten you into not complaining.

The best protection against abuse is information. Be sure that you know your rights and what steps to take if something goes wrong. Depending on the nature of the incident, abuse may be an offence under the Criminal Code or a violation under provincial or federal human rights legislation.

Do not confront your abuser. Inform the police or the responsible provincial or territorial authorities and let them take care of the investigation.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Changing Jobs

Occasionally, live-in caregivers have reason or need to change employers. You do not need permission from your present employer to accept a job as a live-in caregiver with a different employer. You cannot be deported for quitting your job or for looking for other employment as a live-in caregiver. You should be aware that it is your responsibility to find a new employer. Contact us about available live-in caregiver positions.

Working for anyone other than the employer named on your work permit is illegal. You cannot accept trial employment where a new employer offers to "try out" your services for a few weeks or months to determine if you would be a suitable full-time employee.

Trial employment is also illegal for an employer. Under the Live-in Caregiver Program, unauthorized employment will not count toward the two-year employment requirement to apply for permanent residence in Canada.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Thinking About Quitting?

If you decide to quit, give your employer enough notice so that arrangements can be made for your replacement. Check your contract to find out how much notice you have agreed to give your employer. However, you are encouraged to leave a physically abusive situation right away.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

Breaking the Contract

If you leave your job, your employer must provide you with a record of employment (ROE). Only your employer can get and complete this document. The ROE shows how many weeks you have worked and how much you have earned. You will need this record to apply for EI benefits. If you are not applying for EI benefits, keep your ROE in a safe place. It is your work record and can serve as proof that you have worked the necessary length of time to apply for permanent residence as set out in the Live-In Caregiver Program regulations. Your employer cannot refuse to give you a record of employment. If you are having difficulty getting your ROE, contact us to follow up with your employer.

Remember that if you change jobs, you must have another contract with your new employer.

Any live-in caregiver who decides to live out, or who accepts any other type of employment, can be disqualified from the program.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form

If You Lose Your Job

You will be expected to find a new employer as soon as possible. If you wish to apply for permanent residence after you have worked for two years as a live-in caregiver, the two years of work must be completed within three years of your arrival. Periods of unemployment can delay the date on which you can apply for permanent residence and could also cause you to exceed the three years within which you must complete your two years of work.

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If your problem is related to the contract with your employer, write us in detail at info@cca-acaf.org or fill in a Complaint Form